The Consequences of Dying Intestate

Dying intestate can create some serious problems for your surviving family and beneficiaries. Here are some of the consequences of dying intestate. 

Dying Intestate

The term dying intestate refers to dying without a will or trust set up to handle the distribution of your assets. When this happens, the distribution of your property is going to be handled in a different manner.

Probate Court

If you die without any type of will, your estate is going to have to go through the probate process. This means that your family members are going to have to attend probate court and a probate judge is going to be in charge of deciding where all of your possessions go. The judge is going to refer to state law, so the way that your assets will be divided is going to vary from one state to the next.


If you have children and you and your spouse die, your children are going to have to go into someone else's custody. If you had a will, you will be able to designate where you want your children to go if you die. If you do not have a will, the court system is going to decide who gets custody of your children.

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